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Patna High Court

Santu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Santu Kumar, a mobile shop owner, was arrested for allegedly clicking an obscene photograph of a minor girl, the informant’s daughter, and making it viral. He faced charges under multiple sections of the Bihar Narcotic and Substance Act, 2023, the Information Technology Act, and the POCSO Act. The petitioner contended that he was falsely implicated, had no prior criminal record, and that the victim’s statement indicated only a consensual photograph, not an obscene one. The State opposed bail, citing the seriousness of the offences. After considering the statements, lack of antecedents, and the circumstances, the Court ordered that bail be granted on condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the Special Judge for compliance.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under the BNSS Act, IT Act and POCSO Act
  • Whether the evidence, including the victim’s statement, justifies continued detention

Legislation cited

Subjects

  • bail
  • obscenity
  • child sexual abuse
  • POCSO
  • Information Technology Act
  • criminal procedure
  • framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20580 of 2026
                    Arising Out of PS. Case No.-292 Year-2025 Thana- PARANDABAR District- Nawada
                 ======================================================
                 Santu Kumar son of Ganauri Prasad Resident of Village- Duari, Police
                 Station- Parnadabar, District- Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    X Son of Y Resident of Village- Baniyadih, Police Station- Parnadabar,
                 District- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Awadhesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Parnadabar P.S. Case No. 292 of 2025 registered for the

                   offence punishable under Sections 77, 126(2), 351(2) &(3), 79,

                   3(5) of the B.N.S., 2023, Sections 66A and 67E of the I.T. Act

                   and Sections 8, 12 and 14 of the POCSO Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner who runs a mobile shop has clicked obscene

                   photograph of minor daughter of the informant and has made

                   the same viral.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20580 of 2026(2) dt.31-03-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the petitioner has been framed in this

          case, as there was some dispute regarding cash. He also submits

          that only allegation against the petitioner is that he has teased

          the minor daughter of the informant and has made the

          photograph viral. He further submits that the learned trial court

          has recorded in the statement recorded under Section 183 of the

          BNSS that the victim has stated that the petitioner got the

          mobile number of the victim and started calling her and one day

          when she was alone, he arrived at her home and clicked his

          photograph with the victim and has made the photograph viral.

          He further submits that from perusal of the FIR, it is clear that

          there is an allegation that the petitioner had made an obscene

          photograph of the victim viral, whereas the victim stated in her

          statement recorded under Section 183 of the BNSS that he had

          clicked a photograph with her, which was made by him.

          Moreover, a statement has been made in para 3 of the petition

          that petitioner has no criminal antecedent and he is languishing

          in judicial custody since 07.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State.
           Patna High Court CR. MISC. No.20580 of 2026(2) dt.31-03-2026
                                                       3/3




                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Special

                     Judge, POCO-cum-Additional District & Sessions Judge-VI,

                     Nawada in connection with Parnadabar P.S. Case No. 292 of

                     2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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